MEDIA COURTHOUSE — The legal case against a former Ridley High School teacher arrested while traveling with two of her students in a Toyota Corolla containing marijuana and open cans of beer will hinge on whether a state trooper had a right to stop the car in the first place.

During a suppression hearing and bench trial held Friday before Delaware County Common Pleas Court Judge James F. Nilon Jr., the attorney for Katherine Leigh Preusser argued a Pennsylvania State Trooper did not have cause to pull the car over or conduct the search that turned up the beer, marijuana, a water pipe and three different stories about what the occupants were doing prior to the stop on March 23.

“There needs to be either some violation of the motor vehicle code or reasonable articulable suspicion that (there is) criminal activity afoot,” said attorney Leo Michael Mulvihill Jr.

An English teacher in her second year at the high school, Preusser, 33, was terminated in May and faces charges of furnishing alcohol to a minor, corruption of minors, possession of a small amount of marijuana, and possession of drug paraphernalia. Another drug possession charge was dropped when it was determined pills found in the car contained no controlled substances. She is free on $30,000 unsecured bail.

Pennsylvania State Police Tpr. Jerrold R. Hatfield testified there was one car between his cruiser and Preusser’s car when he saw the vehicle “abruptly” move from the right lane to the shoulder of eastbound Baltimore Pike near the former Franklin Mint property and turn into a dark driveway that once led to the Lobster Pot restaurant.

Hatfield said the area was clearly marked with “No Trespassing” signs and that given past crimes in the vicinity — including the theft of scrap metal from the former Franklin Mint museum — he thought it was appropriate to question the driver, a 17-year-old male, Presseur and the back seat passenger, a 17-year-old female.

Hatfield said the teenagers told him they were heading home to Ridley Township after seeing a movie at the Granite Run Mall, which meant they would have had to drive west on Baltimore Pike and turn around at some point to start going east. The trooper said Preusser claimed the trio was coming from a movie in Chadds Ford.

“She was not sure which one, (only that is was) a romantic comedy,” he said. “She could not identify the actors.”

When he asked Preusser to step out of the car, the trooper said he immediately saw two beer cans near the passenger front seat which Preusser later admitted to purchasing.

When the 17-year-old female tested positive for alcohol during a portable breath test, Preusser was placed under arrest for furnishing alcohol to a minor and corruption of minors. Drug charges were added after a subsequent search of the vehicle.

A key point of the suppression hearing centered on how far the Corolla travelled up the former Lobster Pot driveway. After watching video of the stop, Nilon, Mulvihill and Delaware County Assistant District Attorney Alex Walker agreed the vehicle stopped about one car length inside the driveway before the operator attempted to back out as the trooper pulled up behind him.

Mulvihill painted a picture of a junior driver looking for a place to pull over because his operating privileges only extended to 11 p.m., which is around the time the stop was made. He said the driver immediately backed up when he noticed the “No Trespassing” signs and should not have been subject to an interrogation.

“In this case, all we have is a hunch, your honor,” he said. “No violation (and) no trespassing occurred.”

Walker said the traffic stop met the standard of reasonable suspicion and that Hatfield was operating with the knowledge of prior crimes in the area when he approached the Corolla.

“Who are these people? Do they have permission to be here? What are they doing here?” Walker said, adding there were no lights or open businesses in the vicinity.

Mulvihill noted that Hatfield asked the driver to step out of the car after observing he had bloodshot eyes but never followed up with a drug test. The boy did pass a breath test for alcohol.

The trooper said Preusser told him he was a friend of the driver’s mother and that the mother knew she was with the boy.

With his mother present, the driver told Hatfield he had gone to Preusser’s home to help her pack some boxes and they later went out and purchased beer.

The mother told police she believed her son was with the 17-year-old girl and that she had never met Preusser nor heard of her name.

The female student also provided a written statement stating she believed the three of them were heading to Preusser’s new residence to help unpack boxes. On their way there, they stopped for food and beer, she said, according to the affidavit.

The statements, video of the stop, and the marijuana and water pipe were admitted as evidence.

Mulvihill claimed the corruption of minors charge was a stretch given there is no proof Preusser actually furnished the alcohol and that the teenagers were old enough to know what they were doing.

“We execute 17-year-olds in this country, unfortunately,” he said. “They are nearly adults.”

Other than answering questions from Nilon about waiving her right to a jury trial, Preusser did not speak during the two-hour proceeding.

She arrived in court with her dirty blonde hair tied neatly into a bun and wearing a barn red cardigan over a black outfit and carrying a bright red clutch bag.

Nilon asked the attorneys to submit supporting case law and memos for the suppression hearing by Wednesday.